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This regional regulation makes provision for the eradication of immoral practices, which, it states, damage the pillars of society and are contrary to religious norms, morality, customs and tradition, and current legal norms in Musi Banyuasin regency (arts 1(7) and 2(1)). The regulation includes the following in the definition of immoral practices (perbuatan maksiat):

1. prostitution;
2. sexual relations out of wedlock (zina);
3. homosexual reations;
4. lebianism;
5. sodomy;
6. rape;
7. sexual abuse;
8. pornoaction;
9. pornography;
10. gambling;
11. alcohol; and
12. illicit substance abuse (art 2(2)).

A person found to be in contravention of the regulation can face a maximum fine of IDR 50 million or a maximum prison sentence of six months (art 9(2)).

This regional regulation makes provision for the eradication of immoral practices, which, it states, damage the pillars of society and are contrary to religious norms, morality, customs and tradition, and current legal norms (art 2(1)). The regulation includes the following in the definition of immoral practices (perbuatan maksiat):

1. prostitution;
2. sexual relations out of wedlock (zina);
3. homosexual relations;
4. lebianism;
5. sodomy;
6. rape;
7. sexual abuse;
8. pornoaction;
9. pornography;
10. gambling;
11. alcohol; and
12. illicit substance abuse (art 2(2)).

A person found to be in contravention of the regulation can face a maximum fine of IDR 5 million or a maximum prison sentence of 180 days (art 10(2)).

This is an example of a regional regulation that, arguably, Islamises public life without making specific reference to Islam or religion (agama). It intends to prohibit various forms of prostitution, acknowledging the effect they have on public order and people's mental state. Eradicating prostitution thereby facilitates an orderly, regulated, moral, ethical, and noble society (art 2). The regulation defines prostitution as knowingly seeking sexual satisfaction outwide of wedlock for a fee (art 8(1)). It also includes in its definition of prostitution:

1. homosexual relations;
2. lesbian relations;
3. sodomy;
4. sexual abuse; and
5. other pornographic behaviour (art 8(2)).

Contravention of this regulation can result in a maximum prison sentence of six months and/or a maximum monetary fine of IDR 5 million (art 9(1)).

This regional regulation states that compulsory study of Diniyah Takmiliyyah Awaliyyah (DTA) is implemented based on the Pancasila ('five principles' - Indonesian state ideology) and the 1945 Constitution (art 2(1)). Moreover, that it is implemented pursuant to the principles of openness, fairness, and high-quality (art 2(2)), that it operates to equip Muslim participants to become members of society who understand and practise Islamic religious values (art 2(3)), and that it intends to provide school children to develop into God-believing, God-mindful, practising and noble Muslims (art 2(4)). Primary and middle school students are required, pursuant to art 4(1), to undertake DTA study.

In its preambular statement, this regional regulation states that prostitution constitutes behaviour that is contrary to religious norms, legal norms, and morality, which has a negative impact on the pillars of society. Moreover, that prostitution countermeasures require efforts to prevent, surveil, rehabilitate, and control perpetrators, as well as efforts to restore societal cultural noble values that are orderly, secure, religious, and dynamic. Accordingly, all persons in the regency are prohibited from soliciting prostitution or operating a brothel (art 2(1) and (2)). Similarly, all persons are prohibited from encouraging or coercing another person into soliciting prostitution (art 3(1)). All persons are also prohibited from making any public display of affection (art 3(3)). Contravention of any of the provisions contained in this regulation carries a maximum penalty of six months' imprisonment or a fine of IDR 50 million (art 9(1)).

This fatwa states that, in Islam, a child is born in a holy state, free from sin, even if born of adultery. The fatwa acknowledges Indonesian Constitutional Court Decision No. 46 of 2010 that granted children born out of wedlock the same status as that of children born of parents in wedlock.

The fatwa states, however, that a child born of adultery does not have a relationship with its father or father's family, but does with its mother and mother's family. The child does not bear the sin of its parents, who are to be punished (hadd) by the authorised parties. The government is authorised to hand down a ta'zir punishment to compel the male adulterer to cover the child's needs and provide the child with some form of inheritance in his will (wasiat wajibah). This ta'zir punishment is designed to afford the child some protection; not to legitimise the relationship between the father and child.

The fatwa also recommends that the People's Representative Assembly (Dewan Perwakilan Rakyat) and government legislate to ensure severe punishments for adultery as a deterrent, as well as to ensure that children born of adultery are afforded the necessary protections a father should provide his child. The fatwa requests that the government facilitate with ease the provision of birth certificates to children born of adultery, but not to legitimise the relationship between the father and child. The fatwa also obliges the government to educate society so as children born of adultery are not discriminated against, but are treated like any other child.

This Country Profile provides a basic overview of the legal history and institutional structures of the People's Republic of China (Zhonghua Renmin Gongheguo), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under China's Constitution, Islamic law (sharīʿa or fiqh) has no legal status. 

This Country Profile provides a basic overview of the legal history and institutional structures of the Democratic People's Republic of Korea/North Korea (Choson-minjujuui-inmin-konghwaguk), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under North Korea's Constitution, Islamic law (sharīʿa or fiqh) has no legal status. 

The prosecution submitted that, on 12 December 2015 at around 4.30pm, the accused was found providing gambling facilities to the public. This, the prosecution maintained, contravened art 18 Aceh Qanun No. 6 of 2014 on Criminal Law. Specifically, the accused had been facilitating bingo-style (toto gelap) bets via a mobile phone for another larger gambling agent, while taking a 20 per cent commission on all transactions.

The court referred to the definition of 'gambling' (maisir), as contained in art 1(22) of Aceh Qanun No. 6 of 2014, which defines gambling as conduct containing the placing of bets and/or taking a chance between two or more parties, accompanied by an agreement that the party who wins will obtain a certain payment/profit from the losing party either directly or indirectly. The court, citing Surah Al-Baqarah verse 219, and Surah Al-Maidah verses 90 and 91, also noted that gambling is forbidden according to Islamic law.

In finding the accused guilty on the facts, the court reasoned that the aim of the punishment handed down should not simply be to punish, but should also be to provide society with protection from such behaviours. In sentencing the accused to 12 strokes of the cane, the court took into consideration the time the five co-accused had already spent in prison, as required by art 23(2) of Aceh Qanun No. 7 of 2013, which considers 30 days in prison akin to one stroke of the cane. The court also ruled that, pursuant to art 214(1) of Aceh Qanun No. 7 of 2013, as accused was at fault he would bear court costs.

This fatwa states that the Islam Jama'ah sect commenced in Indonesia in the 1970s. As its teachings were misled and misleading, and led to disquiet among Indonesian society, its interpretation of Islam was prohibited by the government in 1971. Islam Jama'ah, however, continued to operate under different names, which continued to change until 1977-78. The philosophy of Islam Jama'ah was that there were 72 categories of Muslims who were not part of Islam Jama'ah and would, therefore, be directed to hell.

The sect believed it had to appoint a Leader of Believers (Amirul Mukminin) as its central leadership; a leader who must be obeyed. Adherents had to pledge allegiance to this Leader in order to be guaranteed passage to heaven, and the only rightful and permissible Islamic teachings came from ther Leader. Adherents of the sect also had to cut off ties with persons from these other categories, even if those people were their parents; they were not allowed to pray behind people who were not adherents of Islam Jama'ah; they were not allowed to wear clothing for prayers that had been touched by people who were not adherents unless it had been cleansed; husbands even had to endeavour to make their wives join the sect, and if their wives refused, they would have to divorce them. A legitimate marriage was one officiated by the sect's leader, and for a sermon to be legitimate it would have to be conducted in Arabic.

This fatwa states that Islam Jama'ah, Darul Hadits (or whatever other pseudonym the sect may have adopted), is contrary to the teachings of Islam, and that its dissemination is designed to destablise the state. It implores Muslims to avoid its teachings and to return to the pure teachings of Islam with the intent and desire to similarly save those who have already chosen Islam as their religion from the wrath of Allah. It also implores people to report to their local public prosecutor any evidence of activities conducted by Islam Jama'ah.

In preambular statement (b), this regional regulation states that Parepare Municipal Regulation No. 6 of 1999 on the Retribution of Licensing for Alcohol Points of Sale needs to be revoked and replaced with a regulation that prohibits alcoholic beverages. It states that the prohibition on alcoholic beverages in this regulation is, among other things, a way of implementing religious values and the morals of a religious umat (community) (art 4). Accordingly, this regulation prohibits all legal entities and persons from producing, storing, distributing, channelling, placing, promoting, and selling alcoholic beverages in the region (art 5(1)), while all persons are prohibited from consuming alcohol in the region (art 5(2)). Foreigners visiting Parepare are exempted and may bring and consume alcoholic beverages with an alcohol content of five per cent (art 6).

This qanun was devised to foster and maintain the Islamic beliefs and religiosity of the individual and society in Aceh, providing legislative protection from misguided teachings. Crucially, at art 1(7), the qanun defines as Islamic creed (Aqidah Islamiah) a conservative interpretation of al-sunna wa'l-jama'a (Sunni Islam). It also seeks to increase understanding and the practice of worship, as well as the availability of appropriate places of worship. The qanun authorises the shari'a police (Wilayatul Hisbah) to conduct surveillance to ensure adherence thereto, and grants prosecutorial powers to general prosecutors to investigate and refer cases to the shari'a courts (Mahkamah Syar'iyah) in the event of a breach. Conduct punishable pursuant to this qanun includes disseminating un-Islamic teachings, apostasing, failing to attend Friday prayers (shalat jum'at) three times consecutively, and failing to provide prayer facilities. Punishment can include caning or imprisonment.

This regional regulation replaces Tasikmalaya Municipal Regulation No. 12 of 2009. It obliges every person to implement the teachings of their own religion as a set of guidelines by which to live their lives, thereby avoiding the ignoble. Among its many provisions, it requires all persons to worship God, requires employers to make available prayer facilities for their employees, prohibits dubious economic and financial practices, mandates that the regional government and society increase the levels of religious education (both formal and informal) for younger people, and requires all persons to dress in accordance with their respective religious teachings, and local societal norms. In line with its predecessor, the regulation also prohibits the following:

1. becoming involved in corrupt practices and abusing one's position of power;
2. committing adultery or prostitution (heterosexual and homosexual);
3. gambling;
4. ingesting intoxicants (alcoholic and narcotic);
5. carrying out abortions;
6. viewing pornography;
7. charging interest (riba) and making speculative sales (ijon);
8. practising idolatry;
9. facilitating child exploitation;
10. participating in organised crime; and
11. disseminating deviant sects/understandings.

This regional regulation makes provision for the obligation on all Muslim high school students and workers in Bulukumba, South Sulawesi (Sulawesi Selatan) to wear Muslim dress (arts 5 and 6). In preambular statement (c), the regulation states that covering one's aurat (modesty) in Islam is obligatory during ibadah (worship). The regulation states that the meaning of Muslim dress is to show that one is God-mindful and pious, and that they are putting Islam into practice (art 2). Meanwhile, the aim of Muslim dress standards is to form Muslim attitudes that are good and noble (art 3(1)), to make Muslim dress in daily life the norm, both in family life and public life (art 3(2)), and to create a society that observes and carries out its religion (art 3(3)).

Specifically, male workers must wear trousers or shorts that reach their knees, as well as a short- or long-sleeved shirt, while female workers must wear a long-sleeved shirt that covers their hips, a skirt or trousers that reaches their ankles, and a headscarf (kerundung) that covers their hair, ears, neck, nape, and chest (art 7(1)). Male students are to wear shorts and either a short- or long-sleeved shirt, while female students are to wear a shirt that covers their hips and chest, a skirt or trousers that covers their ankles, and a headscarf (kerundung) that covers their hair, ears, neck, nape, and chest (art 8(1)).

On 20 February 2016 at around 7.00am, the victim, Hasni Binti Rusli, awoke at home in front of her television to see the accused, Juliyandi bin Ismail Sabi, watching television. At that time, her mother, Nurhayati, who had already made a cup of coffee for the accused, left for her roadside stall (warung). Hasni then went to her bedroom to get her pillow. The accused, who had followed her into her room, proceeded to lock the door behind him. He then fondled Hasni's breasts, despite her protestations, and told Hasni not to make any noise. The accused then forced Hasni onto her bed and began to rape her.

Hearing her daughter's screams, Nurhayati returned to the house to find Hasni crying. When Hasni told her mother what had happened, Nurhayati entered the room to find the accused pretending to sleep on her daughter's mattress. Hasni and Nurhayati reported the incident to police.

A medical report produced in court showed that Hasni's hymen had been torn in two places as a result of the conduct of the accused. The court found that the conduct of the accused met the requirements for rape for the purposes of arts 48 and 1(30) of Qanun No. 6 of 2014 on Criminal Law. The prosecution submitted that a suitable punishment was 150 months (12 and a half years) imprisonment, while the defence requested that the court prescribe the most lenient caning punishment available to it. The court ordered that the accused be caned 125 times, minus time already served. The court did not, however, stipulate the number of times the accused would actually be caned.

The court identified as incriminating matters the following:

1. that the accused, as a Muslim, should have upheld the values of Islamic shari'a being enforced in the province of Aceh;
2. that the conduct of the accused did not accord with the government's program to eradicate criminal sexual violence;
3. that the conduct of the accused is detrimental to society;
4. that the conduct of the accused traumatised the victim;
5. that the accused was deliberately convoluted in providing the court information; and
6. that the accused did not confess to the alleged conduct.

The court also acknowledged the following as mitigatory factors:

1. that the accused was courteous in court;
2. that the accused regretted his actions;
3. that the accused stated he would not re-offend;
4. that the accused had no criminal record; and
5. that the accused had a wife and child for whom to provide.

While this regional regulation does not specifically refer to religion (agama) or Islam, it aims to provide legal certainty for the community and law-enforcers in the monitoring and controlling of the distribution of alcoholic beverages. It is also concerned with societal behaviour and curbing crime resulting from alcohol abuse. It categorises alcoholic beverages in accordance with their alcoholic content (A - 0-5%; B - 6-20%; C - 21-55%) and qualifies that they may only be distributed and sold by direct sellers in: 

1. 3-, 4-, or 5-star hotels; and
2. certain fine-dining restaurants (Tanda Talam Kencana dan Talam Seloka).

Alcohol of types B and/or C sold in the above designated places may be consumed in hotel rooms on the condition that containers contain no more than 187 ml. If the region does not have such designated places, the regulation permits the regent to designate such places, after considering the tourist activities conducted in the area. The regulation places a blanket prohibition on beverages with an alcoholic content in excess of 55%.

Retailers are only permitted to sell alcohol in packaging, in designated areas, away from places of worship, schools, hospitals, or other places stipulated by the regent. The regent is also required to assemble a team comprising specialists in trade, industry, health, tourism, security and social order. The regulation also regulates the storage of alcoholic beverages, obligates alcohol vendors to submit official quarterly reports of their alcohol sales to the Kepala Dinas, and obliges society to assist in the monitoring and controlling of the distribution of alcoholic beverages.

This fatwa borrows the definition of 'mutual fund' (reksa dana) from Law No. 8 of 1995 on Capital Market, defining it as:

'... a container used to collect funds from society financiers to be reinvested in a securities portfolio by an Investment Manager.'

The fatwa qualifies that there are many components of a conventional mutual fund that contravene Islamic shari'a, from a contractual perspective, as well as from investment and profit-distribution perspectives.

Among other points, the fatwa stipulates that mutual funds may not be used to invest in non-halal investments, such as gambling enterprises, conventional financial institutes that rely on interest-bearing banking activities, non-halal food and beverage distributors and producers, and insider trading. Profits must also be divided proportionally to financiers.

In this text, Muḥammad b. Khalaf Wakīʿ (d. 306/917) records a brief version of the proceedings of the Case of Bughaybigha: a dispute between the Umayyad caliph al-Walīd b. Yazīd (Walīd II) and ʿAlī’s great-grandson ʿAbd Allāh b. al-Ḥasan over the title to the spring of Bughaybigha and the surrounding farmland. In her chapter on land and leadership in early Islamic societies in Justice and Leadership in Early Islamic Courts, Intisar Rabb uses Wakīʿ’s account as the basis of her narrative of the events. She also cites several sources alongside the case to analyze the role of judicial knowledge as one of many disfavored legal canons in early Islamic law.

This source is part of the Online Companion to the book Justice and Leadership in Early Islamic Courts,ed. Intisar A. Rabb and Abigail Krasner Balbale (ILSP/HUP 2017)—a collection of primary sources and other material used in and related to the book.

Fatwā concerning the legality, based on their interpretation of Islamic law, of a) the responsibility of mosque officials to prevent unwell congregants from entering a mosque’s premises and b) the temporary suspension of congregational and Friday prayers, and subsequent mosque closures. The answer provided by the Fatwa Committee, who met on 18 February 2020, is that a) mosques’ management has the religious duty to request or prohibit any unwell congregants from entering the mosque area, whether for performing prayers or other matters and the closing of a mosque and b) the suspension of congregational prayers and Friday prayers during this situation, is required.

In these passages from the second section of his work on statecraft, Māwardī focuses on the application of the virtues in governance. To begin with, Māwardī opines that a ruler’s subjects are unable to defend themselves without the authority of the ruler, nor are they able to deal with each other justly and equitably without his kindness. He then lists ten expectations that subjects have of their ruler, which cover ensuring individual physical security and property rights; exercising justice and adjudicating disputes; encouraging the subjects to follow the religious law in the social and ritual spheres; enforcing a criminal code; protecting public infrastructure and natural resources; and, finally, stratifying society according to appropriate social and political classes. If the ruler fulfills these duties, Māwardī argues, his subjects will obey him and the wellbeing of the kingdom will be secure. To ensure justice, the ruler must safeguard religion and carefully select qualified assistants. Moreover, just governance depends on the four foundational principles of hope, fear, equity, and the rectification of inequity.In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow cites these passages to elucidate Māwardī’s theory of virtuous governance. 

This source is part of the Online Companion to the book Justice and Leadership in Early Islamic Courts, ed. Intisar A. Rabb and Abigail Krasner Balbale(ILSP/HUP 2017)—a collection of primary sources and other material used in and related to the book.